January 2014 Archives

There are three different proceedings that can be utilized to terminate your marriage in Ohio. The first way is a "Dissolution" proceeding. This proceeding requires the preparation of a "Separation Agreement" that resolves all issues between the parties. There can be no disagreement on any issue. Both parties are required to sign all paperwork and also attend a hearing before the Court. The second type of proceeding is called an "Uncontested Divorce". This proceeding also requires a "Separation Agreement" with an agreement on all issues between the parties. The main difference is that both parties are not required to appear and an actual Divorce complaint must be filed. Whoever files the complaint as Plaintiff will be required to appear before the Court in order to present evidence. A "Contested Divorce" is the final type of proceeding. A divorce is contested if one issue or one hundred issues are in controversy. If the Court must resolve any of the issues between the parties then the case is considered contested. Generally, a Contested Divorce is the most costly way to terminate a marriage as it requires more time to be spent by attorneys on both sides of the dispute.

In Ohio, most traffic charges (speeding or driving under the influence, for example) and lower level misdemeanor charges are handled at the Municipal Court level. Generally, the first hearing at which you will appear is the "arraignment." This is the court appearance where you are first asked how you answer the charges. Three different pleas or answers can be entered at this hearing. The first plea that you could enter is "not guilty." Not guilty means that you deny the charges and you want the State or prosecutor to prove your guilt beyond a reasonable doubt at a court hearing either in front of the Judge or in front of a Jury. The second plea that you could enter is "guilty." This plea is a complete admission that you committed the crime as charged and it is a waiver of all your rights. The final plea that you could enter is "no contest." This plea means that you are not contesting the facts, but that you are not admitting guilt, however, it does subject you to potential punishment by the Court. A "no contest" plea differs from a "guilty" plea because it can not be used against you in other court proceedings. For example, a plea of "no contest" to the criminal charge of assault could not be used against the defendant in a civil proceeding for damages for causing injury to the alleged victim.If you enter a plea of "guilty" or "no contest", the Judge may sentence you immediately.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.